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(영문) 전주지방법원 2014.10.08 2014고단1128
교통사고처리특례법위반
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is (i) the Defendant is a person engaging in driving of a D-ro taxi owned by the safe traffic.

On April 27, 2014, the Defendant driven the above taxi on April 02:03, 201, and driven the three-lane road in front of the public hospital in the Yansan-gu Seoul Special Metropolitan City along the three-lane distance from the Tri-gu Seoul Special Metropolitan City Police Station to the long-distance distance.

In this case, the defendant engaged in driving service has a duty of care to confirm whether there is a person who scams the way to reduce speed and to scam well and to drive safely.

Nevertheless, the Defendant neglected to do so and went on to the right side from the left side of the direction of the Defendant’s proceeding (E, female, 20 years old) and received the victim E (E, female, and 20 years old) from the front of the Defendant’s vehicle.

As a result, the Defendant suffered from the victim’s injury of brain ties less than 20 weeks of medical treatment due to the above occupational negligence, and caused the victim to suffer serious injury, such as the risk of life.

2. Determination: An offense falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents or Article 268 of the Criminal Act shall not be prosecuted against the clearly expressed will of the victim under Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents.

However, according to the records of this case, the victim submitted a written agreement to withdraw his wish to punish the defendant on August 4, 2014, which was after the prosecution of this case. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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